Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13 -- Eviction of tenant - Objection with regard to applicability of rent act - When petition was first withdrawn on non applicability of rent act, tenant had no objection in the event of fresh civil suit being filed and has not raised any specific plea that demised premises as per provision of S. 1(3)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Written Statement - Petitioner had admitted as lessee in demised premises - Lease period has already expired and he has become statutory tenant - If there is dispute between lessor and other party lessee has to surrender the possession after the expiry of lease period...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Tenant put in appearance within specified period of 15 days and moved application seeking leave to defend - Mere ground that summons were not issued on specified Porforma under Act, has not caused any prejudice and not defeated right to seek leave to defend in any manner - Petition Dismissed...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13A -- Eviction - Revision petitioner were required to file an affidavit stating ground on which he seeks to contest eviction application - Tenant have not come up with any legal or factual plea to make out a ground to allow leave to defend - Held, Tenant liable to be evicted...........
East Punjab Urban Rent Restriction Act, 1949, Section 12 -- Eviction of tenant - Maintainability - Expert report states that there is growth of vegetation on walls and damage is also caused to roof on account of storage or rain water for long time on account of damage to rain water pipe - Location of tap which was bone contention between parties is on other side of the..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction of tenant - Personal necessity - Validity - Over a period of 4 years, the need of family for additional accommodation has increased - Held, Landlord cannot be expected to live in an accommodation and restrict his need whereas the tenant will continue to occupy the premises at cost of landlord -..........
Haryana Urban (Control of Rent and Eviction) Act, 1973 - - Object - To control the increase of rent of certain building and rented land situated within the limits of urban areas and eviction of tenants therefrom - Harmonious balance has been drawn under the act while safeguarding the interest of tenant and to protect the landlord as well where he need the tenant premised..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction of tenant - Validity - Tenant stated that landlord had not disclosed about his possession of another shop but no evidence has been produced to prove same - Tenant wish to start business in the tenanted premises - Suitability of any premises for need of landlord is to be considered as per..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne Profit - Rental value of small booth cannot be taken as precedent of fixing rental of bigger premises and particularly when ground, first and second floor of building were let out to one tenant - While assessing mesne profits of multi-storey building, it is to be kept in mind that all floors do not carry equal rental value..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Suit with regard to rate of rent - Premises in question is located in the town of Amritsar and when respondent was inducted a tenant, there were disturbed conditions in state due to peak period of terrorism - Nothing on record as documentary evidence to show rent on the premises could be settled at 950/-pm at..........
